Political Dictionary

Equal Protection

Equal protection requires states to provide people equal protection of the laws.

Definition

The Equal Protection Clause is part of the Fourteenth Amendment. It prohibits states from unjustifiably treating similarly situated people differently and is central to constitutional review of discrimination.

Why It Matters

The clause underlies major civil rights decisions involving race, sex, voting, marriage, and other classifications.

How It Works

Courts apply different levels of scrutiny depending on the classification and right involved.

History

Ratified after the Civil War, it was intended especially to protect formerly enslaved people and later became a broader equality guarantee.

Example

A racial classification by government generally receives strict judicial scrutiny.

Common Misconceptions

  • Equal protection requires identical treatment in every circumstance.
  • It appears in the First Amendment.
  • Only intentional racial discrimination is covered.